If you’ve been injured at work and your employer refuses to accommodate your injury even though you can’t work, it may be time to plan an official claim. In some cases, surgical procedures performed on injured workers increase their settlement amount. However, this is only sometimes the case, and you should consult an experienced attorney before signing any paperwork.
Things To Keep in Mind When Planning Workers Compensation Settlement
There are a few things to remember when planning an official claim:
- You should not file an official complaint if your injury is minor, and you can return to your job within a couple of weeks or months.
- Suppose there is evidence that the employer had a duty to provide workers compensation even before the injury occurred or failed to meet its duty after the injury occurred. In that case, you may have a solid case.
- Another critical factor is whether the surgery will increase your settlement amount.
Several surgical procedures can increase a worker’s compensation settlement amount. For example, if you have a C-section, the monetary value of your settlement will increase. Another common surgery that increases your settlement is an artificial disc replacement. These procedures are more common in workers in their 30s and 40s.
This age group has relatively high management and low production rate, which makes them prone to repetitive stress injuries that may lead to surgeries such as disc replacement. The good news for workers in this age group is that if the surgery does indeed increase their settlement, it will also increase their weekly indemnity.
Although many surgeries will increase workers compensation settlement amounts, many do not. For example, if you need to have an appendix removed during recovery from an injury, this will not affect your settlement amount. Generally, appendectomies consider minimally invasive and not significant surgeries. In addition, some minor surgeries will have a minimal effect.
If, for example, you need a mole removed and all the moles are on one side of your face, this may influence how much you are paid. If the mole spreads across more than one side of your face, the surgery will not affect your settlement. In these cases, it will make little difference whether an experienced attorney helps represent you or not.
Can an Attorney Help You With Workers Compensation Settlement?
Generally, workers compensation settlement amounts are set by law, but an attorney can increase your settlement if you have had a surgical procedure. Hiring an experienced attorney to represent you is very important in these cases. You need to take the time to do your research and hire an experienced lawyer to avoid taking home much less money than what you deserve. Things an attorney can only help you with are:
1. Dealing with a car accident.
2. Getting your medical treatment paid for.
3. Getting your lost wages covered by the insurance adjuster.
4. Contact insurance companies when you speak a different language than the adjuster and try to get them to pay up on your lost wages.
5. Filing an official worker’s compensation claim and getting it reviewed by an administrative law judge when you need to check if your case has merit or not.
6. Dealing with your employer for the first time and trying to settle the case without going to trial.
7. Trying to get attorney’s fees paid by your company, especially if you didn’t win your case at trial because of attorney’s fees.
Remember that if your injury resulted from a birth or blood transfusion, this would not increase any settlement amount. In addition, if your case is not very complicated and involves only minor surgery, an experienced lawyer will likely be able to increase your settlement if you have one.
How to Find an Attorney With Experience Dealing With Workers Compensation Cases
You can use many online resources to locate an attorney with experience dealing with workers’ compensation cases. A great source of free referrals is the State Bar Association, which representing a state’s attorneys. State Bar Associations refer injured workers to workers’ compensation attorneys with proven experience who have passed a test.
The state bar association typically administers these tests. An attorney who wishes to take the test must have graduated from an accredited law school and have been practicing law for at least 10 years. These tests verify that the attorney has good experience in workers compensation cases.
There are also numerous online resources you can use to locate high-quality attorneys.
Things You Need To Know About Surgery To Increase Workers’ Compensation Settlement
1. Hundreds of surgical procedures can increase a worker’s compensation settlement amount.
2. In most cases, if you have a simple operation, such as mole removal from the face and no other surgeries, an experienced attorney will not be able to get you any extra money.
3. If your case is complicated and involves surgery, it is essential to hire an experienced lawyer to help you increase your settlement amount.
4. In some cases, a surgical procedure can be considered minimally invasive and have a minimal impact on your settlement.
5. You must hire an experienced workers compensation lawyer if you have suffered a surgical injury.
6. It is always important to hire an experienced attorney to make your case as strong as possible when going against the insurance company.
7. Insurance adjusters are professional negotiators, so even if you have a solid case, an experienced attorney could be very useful in negotiating with them.
8. An attorney can sometimes help you get your lost wages or medical treatment compensated. Whenever injured workers need legal assistance, they should contact their state bar association.
9. When dealing with your employer for the first time, an experienced attorney can help you settle the case without going to trial. However, your attorney’s fees can account for most of your settlement if you lose at trial.
10. An experienced attorney can sometimes get extra money for taking a few days of paid leave following surgery. Many workers’ compensation claims resolve when they take two or three days of leave and get paid extra.
Worker’s compensation settlement amounts are determined by the type and complexity of your case. However, if you had a surgical procedure performed, this could make a big difference in your settlement amount. Surgery is highly invasive because it involves cutting or removing tissues from the body. In addition, the surgery can cause you a lot of pain and suffering, which could negatively affect your settlement amount.